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A Reexamination Of The Distinction Between “Loss-Allocating” And “Conduct-Regulating” Rules, Wendy Collins Perdue

Law Faculty Publications

The Louisiana choice of law code is an important effort to codify the best of modem conflicts understanding. I routinely teach it to my conflicts students even though few will practice in Louisiana. I think it quite possible that someday states that have followed more ad hoc judicial codifications may consider adopting the more systematic codification found in Louisiana.

The code's choice of law articles on torts incorporate a distinction, first developed in New York, between tort rules that are conduct-regulating and those that are loss-allocating. This rule is built around the premise that there are two fundamental purposes of …